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Appeal guide · Bariatric surgery

Bariatric surgery denials

Sleeve gastrectomy, gastric bypass, and revision surgery are denied for unmet criteria far more often than for medical reasons: BMI history, a supervised weight-loss program, a psychological evaluation, or nutrition counseling missing from the file.

The rule that controls this: Plans set written criteria, commonly BMI of 40 or more, or 35 or more with a qualifying condition such as type 2 diabetes, sleep apnea, or hypertension, plus documented conservative weight-loss attempts, a psychological evaluation, and a nutrition assessment. Some plans exclude bariatric surgery entirely, which is a benefit exclusion rather than a medical-necessity decision. Medicare covers bariatric surgery for beneficiaries meeting its criteria under National Coverage Determination 100.14. Criteria must be disclosed on request (29 CFR 2560.503-1(m)(8); 45 CFR 147.136).

Last reviewed 13 September 2026 · General information, not legal or medical advice · Apellica is not a law firm

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What gets denied

  • Sleeve gastrectomy or Roux-en-Y gastric bypass
  • Revision or conversion surgery after weight regain or complications
  • Surgery for patients with BMI between 35 and 40
  • Adolescent bariatric surgery
  • Surgery when the plan has a bariatric exclusion

Common denial reasons

  • BMI history not documented over the period the policy requires
  • Supervised weight-loss program not completed or not documented month by month
  • Psychological evaluation or nutrition consult missing
  • Comorbidity not documented in the record
  • Plan excludes weight-loss surgery as a benefit

How we approach the appeal

Request the plan's bariatric policy. Assemble the BMI history from every visit, the dated notes from the supervised program, the psychological evaluation, and the nutrition assessment, and index them to each criterion. If the denial is a benefit exclusion, check the plan document; an exclusion is appealed on the plan language, not on medical necessity, and external review may not be available. For revision surgery, document the complication or the anatomic failure, since criteria differ from first surgery.

Filing window

Internal appeal: at least 180 days to file for commercial and employer plans; pre-service decisions within 30 days (29 CFR 2560.503-1). Medicare Advantage: 65 days to request reconsideration. External review within 4 months of the final internal denial for ACA-covered plans.

Typical recovery

Bariatric procedures are high-cost hospital surgeries; the amount at stake is the plan's allowed amount for the surgery and the hospital stay.

Documents we'll ask for
  • · The denial letter naming the criterion not met
  • · BMI and weight history from every visit in the policy period
  • · Supervised weight-loss program notes with dates
  • · Psychological evaluation and nutrition assessment
  • · Records documenting comorbidities (labs, sleep study, blood pressure)

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This page provides general information about appeal strategy. It is not legal advice. Outcomes depend on documentation, plan terms, and timing.